The reason I give that credence is because I have a hard time believing anyone who knows he’s going to be subjected to random drug testing in college would knowingly ingest something that would show up in drug tests for years afterwards.

UPDATE: Man, that AJ-C story has been updated with this rather incredible exchange between Greg McGarity and Mark Emmert:

The latest appeal came on July 12 when athletic director Greg McGarity sent a personal letter to NCAA President Mark Emmert:

“Mr. Houston, his parents and our staff acknowledge the fact that the results of that test severely impacted his ability to compete as a student-athlete at UGA, and the Houston family accepted the responsibility for this unfortunate situation. Since the initial test confirmation on April 13, 2010, Mr. Houston has been tested very frequently by the NCAA and UGA, and there is scientific evidence that clearly demonstrates that there has been no re-use over the past 2 1/2 years. While we have fought for Mr. Houston’s restoration of eligibility through every imaginable NCAA process available without any success, we will maintain our effort to see this through to the very end. It is disappointing to witness this scenario play out for 2 1/2 years with Mr. Houston’s eligibility in question. . . . We are appealing to you on behalf of the young man who has done everything possible to clear himself.”

Georgia did not get the reply it sought from Emmert. In a July 31 letter, he wrote:

“While I understand the institution’s empathy for Kolton’s situation, I am surprised the institution would make a request. That surprise stems in part from the fact that Kolton tested positive in subsequent drug tests after his initial sanction, and the Drug Test Appeals Subcommittee did not impose additional sanctions . . . due to the “declining value” argument that supported the conclusion that there was no use of the banned substance.[Emphasis added.] The exit test policy, however, which would require Kolton not to have elevated levels of the banned substance in his system prior to competing against other student-athletes who are competiting clean, is not something that can be appealed because doing so would undermine the purpose of the drug-testing program. . . . The fact remains that Kolton currently has the presence of a banned substance in his system and will not be able to participate in NCAA competition until that presence drops to an appropriate threshold.”

Get that? Emmert concedes that Houston hasn’t been using, but essentially accuses McGarity of having a lot of nerve asking the NCAA to take that into account. Crazy stuff…

“This is an extremely unique and complex case. There has never been another case with the level of documented laboratory testing of anabolic steroid tapering in a student-athlete. The testing clearly demonstrates that there has been no re-use over the past two and a half years. This fact has been recognized by the NCAA drug testing committee and upheld on two separate appeal cases. We have continued to track Mr. Houston’s levels, which lowered initially, but have plateaued over the past year. We have exhausted every conceivable means at our disposal to identify why his test values will not drop the threshold level. Despite multiple physician, biochemist and toxicologist consultations, as well as multiple laboratory panels, we do not have a scientific explanation for this.”

“… After trying to work together with NCAA representatives over the past two and a half years with this case, it appears that the NCAA is only interested in hearing what I think when it serves their purpose and needs. Otherwise, I am summarily dismissed.

“The most distressing aspect of this case is the appearance that no one at the NCAA actually cares enough about this case to truly look at it in an objective manner.[Emphasis added.] We can clearly show with science that there has been no further drug use over a two and a half year period. We can show there is no performance enhancing benefit. … We are chasing an arbitrary threshold number that he is unable to metabolize to, yet no one, from the drug testing committee to Drug Free Sport to NCAA administrators and attorneys wants to hear any objective data supporting this.”

However, there would be trace amounts of it in a person’s bloodstream too, and it could also be temporarily increased by consumption of boar pork products. Maybe Kolton has just been eating too much BBQ

Yeah, looks like he was prescribed Nanderlone, or trade name Deca-Durbolin. Deca is well known to be a very hardcore anabolic steroid, with tremendous gains in lean mass, a serious side effects profile, and some efficacy for healing joint related problems. It is also very well known that Deca is fat-soluble and WILL stay in your system at least 18 months, creating metabolites that will make you fail a drug test.

This is fucked up on a couple of different levels. The doctor had absolutely NO business prescribing this drug to a potential NCAA athlete. Drug testing aside, Deca is still not a very good option for attempting to repair joint related issues in athletes, as it possesses a serious side effect profile. If I were Kolton, I would be driving this doctor’s Porsche and living in his beach house right now, if you know what I mean.

Secondly, this is still being detected 2.5 years after administration? Either Kolton has very freaky fat-metabolism or he dosed again in the interim from first testing positive. Now, an abnormal fat-metabolism would present itself in many other areas and would be very obvious by now, so we can probably discount that. Repeated dosing with Deca has likewise been disproven due to the consistent low levels of metabolite detected, so that’s definitely out. There is a third explanation, that the NCAA is using a ridiculously super sensitive assay to detect for these metabolites, and I think that is what is going on here.

After one full year, Houston is either still juicing or his body naturally produces abnormally high levels of testosterone. It would be easy to determine if he produced high levels os testosterone, and he would not have sat for a full year if this were the case. From my quick search, 16.5 days is the largest half-life of any roid. We are looking at a full 365 days and the drug is still in his system? Seems odd.

As a parent, I don’t believe the first response to things going wrong with my son’s that fall under my parental responsibility should be “let’s sue”. But if I’m KH’s parents, I’m suing the hell out of the NCAA…

The correct standard is whether the doctor acted as a reasonably prudent physician would do under similar circumstances. Thus, whether he exercised reasonable medical judgment given the circumstances. So, yes, the standard is correct.

Go back and re-read your first suggested standard. It’s flat-out incorrect; “no reasonable basis” is a higher threshold than the law requires. Your revision though is a mostly proper statement, as it’s not a RP Physician, but the medical community (or specialty area) as a whole (we will ignore the debates over the locality rule). Let’s look to GA Law:

To establish medical malpractice, the evidence presented by the patient must show a violation of the degree of care and skill required of a physician; such standard of care is that which, under similar conditions and like circumstances, is ordinarily employed by the medical profession generally. Johnson v. Riverdale Anesthesia Associates, P.C., 275 Ga. 240, 563 S.E.2d 431 (2002)

Unfortunately, if he sues and wins, we still couldn’t play him without facing severe financial penalties. The NCAA has something called the Restitution Rule. Basically, if a disqualified player, such as Houston, gets a court order stating that he can play, and the member school plays him, the NCAA will sanction the school with a financial penalty.

If he were to sue for monetary damages of some sort, that would be one thing. However, a suit to restore eligibility to compete would hit UGA with some penalties. We wouldn’t play him even if he were cleared in that manner.

Sue for monetary damages. Loss of earnings, either as a football player, or as an insurance agent who used to play for Georgia. These bastards have stolen enough money from the hard work and sweat and blood of young athletes, while giving them a sham education, it’s about time someone took some of that money back.

In effect, yes. Play an ineligible player, and you have your wins vacated (and probably get put on probation). Play a player who was cleared as eligible in court, and you face a heavy fine.

The only justification I can think of for the Restitution Rule is to prevent short temporary injunctions by probably homer judges clearing players for a big game. Then again, that would mean the NCAA is trying to justify its rules by saying “don’t trust this other huge institution; it’s susceptible to corruption and outside interests.” Which is a downright laughable attitude coming from the NCAA.

As an impartial judiciary body the NCAA, like our legal system, must put the letter of the law ahead of the spirit. Emmert has no choice, otherwise he’s just a vigilante. It’s too bad for Kolton, but the system is too important to be circumvented even if results in an obvious injustice.

the NCAA is nothing like our legal system. In fact, they take pride in the fact that while they have no power to subpoena, call witnesses, etc, they can do whatever the hell they want, how they want, when they want, and no one can stop them. My thoughts are on our site Senator, and they are not work safe or kid friendly.

Considering the subject, a lot of funny shit written on this blog today is going over the heads of most of us. It’s hard to get lightened up if not in the mood. Some are, some aren’t. Your mileage may differ.

Connor, I thought you were invoking the PSU stand by the NCAA in jest, if that makes any difference.

You overstate what our legal system is required to do. Judges and juries, as well as advocates, have enormous flexibility in how cases are handled and progressed through. For instance, a prosecutor has the ability to drop a case. A judge can throw it out. A plaintiff can dismiss. You get the point.

Why no independent judgment is being exercised by the NCAA is beyond my area of expertise.

And people think the NCAA is arbitray, capricious, and like some old lady library Harridan who mutters ‘rule, rules, rules’ under her breath while letting all kinds of other bigger violations go unheeded.

Beats me why the Senator and others have no confidence in the NCAA before or during Emmert’s tenure…

Perhaps that’s just the natural state of his body now. Some have high natural states of certain chemicals, some have low. Sort of how you can have low naturally-occurring testosterone from having a testicle removed, but get loaded up with testosterone while training and racing and continually pass drug tests… amirite, Lance Armstrong? You can hardly hold the chemical composition of one’s body against them once science has failed to explain the anomaly.

If their contention is that he is still receiving a competitive advantage, then why is he allowed to train and practice with the team? The penalty for a positive test is very harsh. But, he is continuing to receive almost half-hearted punishment. He can’t play, but he can still be on the team.

So, according to the NCAA, you can cheat, lie, steal, sell your son, recruit illegally, and commit academic fraud, but if you harbor a rapist, sell your belongings, or get an unfortunate injection during rehab two years ago, then you are the worst of criminals, and they will offer you no mercy. One of these things is not like the others. Was someone talking about disbanding them?

Deca Durabolin (common name) has a chemical structure that mimics testosterone but not the same. The testing process isn’t as simple as measuring natural testoterone levels.

I actually understand where the NCAA is coming from on this. Although not fair to Kolton, his baseline level is higher than accepted limit, therefore…for whatever reason….it’s considered a performance advantage

It repairs connective tissue faster i.e. ligaments, tendons. I’m speaking through experience as a pitcher in college and suffered a shoulder injury. It’s what a lot of the MLB pitchers were taking in the steroid era fwiw

To play devils advocate, the bottom line is if you test Houston today, he tests positive for steroids. Would you seriously want to have to hear every kid across the country’s excuse and backstory as to why they’ve tested positive? At least he didn’t say he ate it in a brownie.

Did you read what Courson and McGarity had to say? The kid has probably been tested for drugs more than any player in college football the last two seasons. Even the NCAA concedes he isn’t using steroids.

This isn’t some bullshit brownie story. It’s a story about an organization that hides behind the letter of its rules when it’s convenient.

Yes I read it, and the brownie thing was a joke based around hearing everyone’s excuse around the country as to why they’ve tested positive for something. The NCAA doesn’t have time for that. I’m not saying Houston’s excuse isn’t valid. I’m sure it is. And again, I’m playing devil’s advocate. But to look at it from a different angle, could he compete in the Olympics tomorrow? Of course not. He has a banned substance in his system, RIGHT NOW. His story is unfortunate. He took steroids long, long ago and now he’s paying the unintended consequences of his actions. I agree it sucks for him.

Oh, I’m sorry, the NCAA doesn’t have time for that? But they have time to investigate the morality of programs? Bullshit. They have time for what they want to make time for. Stop making excuses for them.

Look, I hate the NCAA as much as anyone and think the entire organization is bullshit….but the fact of the matter is that 1) he took (knowingly or not) a performance enhancing substance…and yes it does help performace. 2) it’s still at a level that’s above a threshold to be considered to enhance his performance.

Sucks for Kolton, but appears pretty cut and dry if you ask me. Should the NCAA grant him a special waiver…? heaven knows they do enough of that already. Now whether or not they pick and choose how they enforce is entirely different subject.

Should the NCAA grant him a special waiver…? heaven knows they do enough of that already. Now whether or not they pick and choose how they enforce is entirely different subject.

But that’s the issue I have here. Everyone concedes that there’s something inexplicable about his body chemistry that’s causing the level to remain higher than allowed. Nobody claims he’s using steroids. Nobody claims there’s any sort of competitive advantage. Yet the NCAA can’t find a way to allow the kid on the field? No – skip that… the NCAA can’t even make an effort to try to find a way?

II assume doctors and chemists and people much smarter than Mark Emmert gave the NCAA mimimum levels of these enhancers for the NCAA to test against. Who is he to question them and who is going to prove they don’t give him a competitive advantage? How would Kolston even know, he’s had it in his system for 2 1/2 years.

That’s a lost of ASSumption on your part. Did you bother to read all the letters? It sounds pretty clear to me that it’s not doctors making the decision here, it’s the NCAA’s committee of blowhards and lawyers. Courson said that they can PROVE that it doesn’t give him a competitive advantage, so your speculating isn’t based in fact.

You’ve got it exactly backwards. The doctors, scientists, and other experts are saying that Houston has no advantage. It’s the bureaucrats who are determined to keep him off the field.

If you want to be fair to everyone, then just make any positive test for PEDs a lifetime ban from the NCAA. Then, they can avoid the issue altogether. Right now, they’re trying to split hairs and looking stupid.

This is what is troubling to me. There seems to be the possibility that, for whatever freak physical/metabolic reason, his levels could potentially never reach the threshold (or at least not in the next few years). Yes he is ineligible by the letter of the rules, but the ncaa had shown time and time again that it has the power to handle things however it damn well wants, without much concern for precedent, so I don’t see any reason it can’t produce a unique result for such unique circumstances.

Kids in Buford go to the regular doctor and take regular medications if needed to rehab. He knew exactly what he was taking and had no idea the shitstorm it would have created for his college career to date.

I recently(1.5 mo ago) had the choice for knee injections of steroid or cushioning material for both knees (osteo arthritis). My choice was to relieve the inflammation and concomitant pain.

The down side to my decision was whether it could kick off harmful side effects. The older you are, the greater danger for cancer. My white cells ran high because of the inflammation, but quadrupled after the injection. I suddenly showed evidence of a disease that the Mayo Clinic and Johns Hopkins suspicion is autoimmune. It’s a silly little thing (vitiligo)that causes no harm except cosmetic (I have little white dots in my tan on the arms and back of my hands caused by death of melanocytes that are spreading and look a little like Hansen’s Disease).

The point is that you do get a choice and the negative risk is explained by the attending physician. I won’t do it again soon, but my future choice is to take pain pills(codeine) until the knee is repaired by artificial replacement. That will be after I have my hip replaced in Feb/Mar (waiting list). During those sort of operations you have increased risk of blood clots reaching the heart if you are elderly. I won’t bore you with all the other negative indications, but the cascade of negative possibilities and your decision tree gets doubled down later. Every day we make decisions about our medical treatment that truly impacts our ability to live. How the lay public can keep up with it is beyond me, but the explanations are there from the physicians and many times they will ask you what you want to do in order to avoid litigation. It’s where we are with Doc and Patient nowadays. And it stinks.

My advice? If you become an old fart, drink. At least you won’t get a nervous affliction brought on by medical decisions you have to make for your doctor.

Funny how the NCAA is willing to bend over backwards to play the “mitigating circumstances” card in certain cases that give certain players, coaches, or teams a break (Cam Newton, Marcel Dareus, for example), but when it comes to Georgia, their hands are always tied because of the letter of the rule or law.

My take, after reading Emmert and Courson, is that they don’t agree on whether the substance gives Houston a competitive advantage over other athletes. And Courson is mad that the NCAA won’t give him the chance to convince them otherwise. Can you blame him?

From what I have read in the statements and a little research, Kolton is testing positive for a chemical byproduct of the drug he used 2 years ago. He has elevated levels of this byproduct, not elevated levels of testosterone. Ron Courson says there is NO performance enchancing benefit and the science apparently backs him up. The NCAA just doesn’t want to give him the time of day to explain it!

Zero tolerance at its worst. If Drs. and research show there is no benefit they are just flexing their muscle. I don’t think he would have taken a drug that would have ruled him ineligible. I do think the NCAA is out of control and cares too much about their power and not the student athlete. I am glad his family shared what was going on and hopefully the power of public opinion will sway the committee.

Maybe the lawsuit here is to force the NCAA to listen to other experts, not to get eligibility, but to have other tests considered. If this is won, the NCAA has to make him eligible, and Georgia would not be penalized.

Does anybody else find it offensive and condescending of Emmert to refer to the student-not-allowed-to-be-athlete by his first name. He is obviously, not your friend, Mark. Call him Mr. Houston, you insufferable self-righteous prick.

Could we get Lance Armstrong and his boys in here to do some of that blood transfusion stuff to give Houston a clear test. Seriously, there have to be some cyclists, former East German Olympic doctors or someone that can sort this $h!t out.

Then you can take Epo like the cyclists do. Epo cause you to make extra red blood cells. When it was first introduced, deaths occurred in Europe from athletes overdosing to the point their hearts were pumping sludge. Gives you all that extra oxygen, but the heart ain’t built for the extra pumping load. Then the athletes began bagging the extra blood cells after separating them from the plasma. That got rid of much of the Epo when you reconstituted with liquid components of untainted blood. That permitted “juicing” by running an iv of your original cells before pedaling off in the morning. Epo was banned for athletes, but their greed almost cost Epo the market place for use in oldsters who had hitchs in their git-a-longs.

With Kolton having low body fat because of the drug, how is it stored? It should be coming out of the low amount of body fat present. THC from pot is not as complicated a molecule as norandrosterone, it is fat-stored also, but with exercise will flush out in two weeks. Horror stories exist including a kid who was sent to camp to dry out from pot . After searching for weeks for contraband, they finally found that his body fat (chubby kid) was continuing the release of stored THC for months. I don’t quite get how Kolton can’t metabolize or turn over his fat for release if it is fat-stored. I do believe he hasn’t consumed or been given any more since hs. Maybe he is a candidate for new research on the drug.

That ain’t a bad idea. I have O neg which is a universal donor. Is there a THC filter available on the market? Better yet, we can let it stay in there and he will be suspended only one game, if at all.

All the articles I read did not indicate anything that UGA tried to remove the steriod from Houston’s system. Maybe UGA and Houston should work on passing the test, try things like blood transfusions, substances to flush the steriods or something like this – http://www.nanowerk.com/spotlight/spotid=17353.php